This Agreement was last revised on November 18, 2015
1. Use of the Service
CardSwap provides a place for you to buy and exchange gift cards online.
This Service is intended solely for Users resident in Canada who are the age of majority or older in their jurisdiction, and any registration, use or access to the Service by anyone not resident in Canada, or under that age, is strictly prohibited and in violation of this Agreement. If you are under the age of majority you may use the Service only if you possess legal parental or guardian consent. The Service is not available to any Users previously removed from the Service by CardSwap.
B. Member Accounts
You do not have to register in order to visit CardSwap. To access certain features of the Service, though, such as buying or exchanging gift cards, you will need to register with CardSwap and create a "Member" account. Your Member account gives you access to additional services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member's account without permission or create more than one account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and PIN (if applicable) secure. You must notify CardSwap immediately of any breach of security or unauthorized use of your account. CardSwap will not be liable for any losses caused by any unauthorized use of your account.
You may control your Member profile and how you interact with the Service by changing the settings in your account page. By providing CardSwap your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
From time and time, CardSwap may offer individuals special offers or promotions (“New Account Promotions”) to create an account. Such New Account Promotions may contain usage restrictions and limitations that will be indicated with such promotion. Failure to comply with such restrictions will result in the reversal or cancellation of any offered incentive without notice, and may also result in the levy of an additional administrative or related fee as indicated.
C. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders","offline readers", etc., to access the Service in a manner that sends more request messages to the CardSwap servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that CardSwap grants the operators of public search engines revocable permission to use spiders to copy materials from CardSwap.ca for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
CardSwap may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in CardSwap's sole determination you violate any provision of this Agreement, or for no reason.
All aspects of the Service are subject to change or elimination at CardSwap's sole discretion. CardSwap reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that CardSwap will not be liable to you for any interruption of the Service, delay or failure to perform.
2. Gift Cards
The Service may allow you to buy or exchange cards, coupons, codes, or the like that are redeemable for goods or services by third parties ("Gift Cards"). Gift Card transactions on or through the Service are governed by this Agreement. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
A. Buying Gift Cards
The Service may allow you to buy Gift Cards. You acknowledge and agree that you must pay for such Gift Cards with a valid credit card (that you are authorized to use) or by other methods as the Service may allow. Except as described under Section 2c, all purchases of Gift Cards by you on CardSwap are made on a without recourse basis against CardSwap. In particular, while we take reasonable steps to ensure the validity of Gift Cards sold through the Service, we are not the issuers of the Gift Cards, and assume no liability for the Gift Cards.
CardSwap may elect to limit the purchase of certain Gift Cards, as clearly indicated when using the Service. Failure to comply with such policies may result in the reversal or cancellation of such transaction without notice and issuance of a refund in the form of a credit applicable toward a future Gift Card purchase on CardSwap. Any Member who fails to comply with the above policy, on more than one occasion, may also be subject to reversal/cancellation fee of $35.00, unless indicated otherwise.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, CardSwap shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CardSwap shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or payment account charged. If your credit card has already been charged for the purchase and your order is cancelled, CardSwap shall issue a credit to your credit card or payment account in the amount of the charge within 7 business days.
B. Exchanging Gift Cards
You hereby represent and warrant and continue to represent and warrant, in connection with any Gift Card you exchange through or on the Service, the following: i) the Gift Card is valid; ii) the Gift Card is redeemable for the amount of credit that you state through the Service; iii) that you have not in any way retained a way to redeem the Gift Card after exchanging the card; iv) the Gift Card and any interest therein is fully transferable to CardSwap in the manner contemplated by this Agreement; v) you are the sole lawful owner of the Gift Card and all interests thereto; vi) you did not purchase the gift card from an unknown individual or entity (i.e. by using Craigslist, Kijiji, or similar unverifiable platform); vii) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and viii) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation shipping instructions, required by the Service.
Once you confirm an exchange of a Gift Card to CardSwap, you agree to transfer ownership of the Gift Card and any interest therein to CardSwap. You agree that no portion of the Gift Card and any interest therein will be redeemed at any point subsequent to the transaction.
For additional details, refer to the CardSwap Policy for Exchanging Gift Cards.
C. The CardSwap Certified Program
All claims under the CardSwap Certified Program must be submitted by emailing firstname.lastname@example.org within twenty-one (21) days of the disputed transaction. You shall not, directly or indirectly, be eligible to use the CardSwap Certified Program for transactions exceeding an aggregate amount of one thousand dollars ($1000.00) lifetime limit. The CardSwap Certified Program does not apply to electronic gift cards. CardSwap reserves the right to limit or discontinue the CardSwap Certified Program in our sole discretion, including without limitation if we believe that you have engaged in fraud or other unlawful activities. In the event that other provisions on the Service and the terms of this Section conflict, this Section shall govern.
D. The CardSwap Charity Program.
Sellers have the option of donating the cash payout amount offered for their Gift Cards to the charitable organizations that have partnered with CardSwap. The choice of available charities may be presented to you through the Service when you exchange your Gift Card. If you designate to donate the proceeds, CardSwap makes the donation of your proceeds on your behalf, and the applicable charity may elect to send you a tax receipt for your donation. We provide to the charity your name and contact information in order to facilitate the delivery of the tax receipt. The donation is only made upon our receipt and validation of your Gift Card.
3. End User License Grant
A. CardSwap Service.
4. Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the "CardSwap Content"), and all intellectual property rights related thereto, are the exclusive property of CardSwap and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the CardSwap Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CardSwap under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, CardSwap does not waive any rights to use similar or related feedback or ideas previously known to CardSwap, or developed by its employees, or obtained from sources other than you.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Third-Party Links
You agree to defend, indemnify and hold harmless CardSwap and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Canada or any other country; (v) any claim or damages that arise as a result of any data or content that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
8. No Warranty
Except as otherwise described in section 2.c, the Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, CardSwap, its subsidiaries, and its licensors do not warrant that any CardSwap Content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
CardSwap does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the CardSwap Service or any hyperlinked website or service, and CardSwap will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall CardSwap, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will CardSwap be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, CardSwap assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) the defamatory, offensive, or illegal conduct of any third party; and/or (viii) lost, stolen, or otherwise irredeemable gift cards. In no event shall CardSwap, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of your gift card transactions with CardSwap for the twenty one (21) days preceding the date on which such liability arose.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CardSwap has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
CardSwap is based in Canada. CardSwap makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CardSwap without restriction.
A. Governing Law.
This Agreement shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and us that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario. You agree to submit to the jurisdiction of such courts in any such dispute.
Upon the termination of this Agreement, the following provisions shall continue in force: 4, 7, 8, 9, and 11.
C. Notification Procedures.
Except for notices expressly required under this Agreement to be provided in a particular manner, CardSwap may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by CardSwap in our sole discretion. CardSwap reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. CardSwap is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add clientcare@CardSwap.ca to your email address book to help ensure you receive email notifications from us.
D. Entire Agreement/Severability.
This Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and CardSwap concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
E. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CardSwap's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Please contact us at clientcare@CardSwap.ca with any questions regarding this Agreement.
Our address is:
250 Consumers Road
CardSwap Policy for Exchanging Gift Cards
CardSwap provides a platform that enables registered users to exchange certain Gift Cards ("Sellers"). This exchange transaction can originate either on www.CardSwap.ca, or a third-party site using a CardSwap plugin (either referred to as an “Exchange Platform”).
2. Accepted Gift Cards
The CardSwap service is only available for Canadian dollar denominated Gift Cards issued by certain merchants, and we may change the list at any time, based on the market and our discretion. Each time you wish to exchange a Gift Card, you will need use an Exchange Platform to verify that we are currently accepting the Gift Card you would like to exchange. The Exchange Platform will also determine how much, if anything, we are then offering for such Gift Card (“Offer”). The Offer may be expressed as any combination of: a) fixed dollar amount, b) percentage of the card balance, or c) consideration in some other form such as loyalty points or a Gift Card from another merchant.
The Offer is based on the Gift Card being received in its original sale condition and fit for resale. The Offer is valid for 30 days. The Offer may not apply, in CardSwap’s sole discretion, to any Gift Card with one or more of the following characteristics: (i) the pin is partially or fully revealed, (ii) contains images or text tied to specific individual, specific season, event, or third-party; (iii) contains any restrictions including minimum purchase amount, expiry or non-usage fees; (iv) is in paper form; or (v) is marked or damaged (collectively an “Impaired Gift Card”).
3. Mailing in Gift Cards
Certain transactions require you to mail us your Gift Card – drop-off deliveries will not be accepted. It is your responsibility to ensure successfully mail delivery of your Gift Card to CardSwap at the address provided as part of the transaction. You may elect to use the prepaid shipping label provided by CardSwap, though must understand that because such Gift Card cannot be verified and the amount remaining on the card confirmed by CardSwap until it is received, CardSwap assumes no risk or liability for any Gift Card lost or delayed while in-transit. If you feel the need for added protection, we encourage you use a mailing option with tracking and/or insurance at your expense. We also always encourage you to accurately and fully enter the Gift Card UPC number as requested when using an Exchange Platform as this may help recover the value on a Gift Card, if lost in transit.
4. Right of Acceptance
In order to ensure the integrity of the CardSwap Service, we reserve the right in our sole discretion to decline to accept a Gift Card at any time, for any or no reason. Unless for a reason as stated in our Gift Card Discrepancy Policies (Section 6) below, we will return a Gift Card we elect not to accept within seven (7) business days of receipt using Canada Post regular mail service and no shipping and handling fees will be charged and/or reimbursed. CardSwap accepts no liability for any lost value associated with returned Gift Cards that are lost in return transit to the Seller. The sending of a Gift Card to CardSwap by a Seller in no way obligates us to accept ownership of such Gift Card.
5. Verification Process
Upon receipt of your Gift Card, CardSwap will confirm such Gift Card exactly matches details submitted by the Seller through the Exchange Platform to receive their Offer including the Acceptance of Sale terms. This includes, but is not limited to, underlying merchant, card condition, exclusion of any usage restrictions, and current redeemable value. CardSwap may require the provision of photo identification and/or additional purchase and sale information regarding any Gift Card in question in order to complete the verification process. If CardSwap successfully verifies the Gift Card and elects to accept it, CardSwap will initiate payment to you in accordance with the Offer selected, typically within 2 business days of verification and acceptance of your Gift Card. At such time, you will receive email confirmation that the Gift Card has been received, validated and an update on the status of your Offer.
6. Gift Card Discrepancy Policies
It is your responsibility to ensure that the Gift Card mailed to CardSwap matches exactly what was indicated upon agreeing to the Acceptance of Sale and is in accordance with our Accepted Gift Cards policy (Section 2).
Provided below are our resolution mechanisms in the event where we receive a Gift Card with a potential discrepancy between what was indicated to receive the Offer and the actual Gift Card received.
a) Amount: If the Gift Card has a different value on it than what you reported, but above $25 (“Minimum Amount”), we reserve the right, in our sole discretion, to: (i) purchase the card at a Offer amount and form equal to the percentage of the face value originally offered to you, (ii) contact you regarding the discrepancy, and offer you the choice of continuing with the sale at a different Offer amount or (iii) return the card to you unsolicited, in accordance with our Right of Acceptance (Section 4).
b) Gift Card Balance Below $25: If the Gift Card has a balance below the Minimum Amount, but more than $0, we reserve the right, in our sole discretion, to: (i) purchase the card at a Offer amount and form equal to the percentage of the face value originally offered to you, (ii) or contact you regarding the discrepancy, and offer you the choice of continuing with the sale at a different Offer amount or donate the Gift Card through The CardSwap Charity Program (Section 10).
c) Different Merchant: If the Gift Card is redeemable at a different merchant than what was indicated, but is an Accepted Gift Card (Section 2), we shall, at our sole discretion, either (i) notify you about the discrepancy and provide you the opportunity to accept a revised Offer that matches the current rate for such Gift Card, or (ii) return the card to you unsolicited, in accordance with our Right of Acceptance (Section 4).
d) Impaired Gift Card: If we receive an Impaired Gift Card, we reserve the right, in our sole discretion, to either: (i) contact you with a revised Offer, or (ii) return the card to you unsolicited, in accordance with our Right of Acceptance policy (Section 4).
e) Not an Accepted Gift Card: If the card is issued by a retailer that is not listed, we reserve the right, in our sole discretion, to either: (i) contact you with a revised Offer, or (ii) return the card to you unsolicited, in accordance with our Right of Acceptance policy (Section 4).
For each of the above situations, if CardSwap contacts you with a revised Offer, you will have the option to decline such Offer and then indicate that you would like to have the Gift Card returned to you via prepaid registered mail at your expense plus a $15 transaction cancellation fee (“Transaction Cancellation Fee”), per unique transaction, that is payable prior to any Gift Card(s) being returned. The prepaid registered mail package must be confirmed and arrive within (5) five business day from when any discrepancy is reported.
f) Gift Card with $0 Balance: If the Gift Card has balance of less than $1.00, CardSwap will notify you of such and mark your account. At your request, we can also: a) provide you with the gift card UPC so you can independently confirm the balance with the underlying Gift Card issuer, and/or, have the Gift Card returned to you via prepaid registered mail at your expense plus the Transaction Cancellation Fee, payable in advance of any such Gift Card being returned to you. In addition, repeat occurrences may result in your account, and all accounts associated with such household and mailing address, being permanently suspended for further using the Service without notice or recourse.
g) Failure to Provide Adequate Documentation: If additional documentation is requested by CardSwap in order to complete the verification process and is not received within seven (7) days of notice to you, the Gift Card(s) in question will be returned to you via Canada Post regular mail.
7. Locked, Stolen or Fraudulent Gift Cards
The sale of stolen property or the perpetration of fraud, including Gift Cards acquired through the use of stolen property, is strictly forbidden and violates the law. CardSwap actively supports law enforcement efforts, and underlying merchants affiliated with such Gift Card, to identify and recover any stolen property that is sold, or attempted to be sold, using the Service.
In the event that you mail us a Gift Card where during the Verification Process, or indefinitely thereafter, such Gift card is reported to be flagged, locked or reduced to zero balance by the gift card issuer due to suspected fraudulent activity, the following will occur:
a) Any payment(s) to you will automatically be canceled and/or reversed without notice.
b) All Gift Card(s) mailed by Seller will automatically be flagged and held for investigation. You will not have the option to request a return of such Gift Card(s), with no payment or other consideration whatsoever, until all such Gift Card(s) are cleared by the underlying issuer as not being suspected of fraudulent activity, however so defined by such issuer.
c) CardSwap may elect to, in its sole discretion, work with underlying gift card issuers, processors, and any other gift card service providers, as well as appropriate law enforcement services, to thwart any activities involving stolen, fraudulent, or other illegal uses or cards and will report to law enforcement any suspected criminal activity perpetrated on or through the Service. This includes, but is not limited to, providing Seller's full name, address, phone number, email address, or credit card number(s) to any investigative departments or services.
IMPORTANT: DO NOT ATTEMPT TO EXCHANGE A GIFT CARD OBTAINED THROUGH THIRD PARTY SITES SUCH AS EBAY, CRAIGSLIST OR KIJIJI. A HIGH NUMBER OF GIFT CARDS OFFERED THROUGH SUCH CHANNELS ARE OBTAINED THROUGH FRAUDULENT MEANS AND YOU WILL BE HELD FULLY RESPONSIBLE FOR ATTEMPTING TO EXCHANGE SUCH GOODS.
Once your Gift Card has been validated and accepted, CardSwap will issue payment in a form and amount consistent with the Offer within (2) business days.
Digital payments will be delivered electronically to the email address provided by the Seller. It is the responsibility of the Seller to ensure the provided email address is secure and able to receive digital payments and/or notifications from CardSwap.
Any payment that requires mailing, such a a cheque, will be delivered via Canada Post standard mail to the address as provided within your account details. Please allow up to 15 business days to receive your payment in the mail, though it is typically received sooner. If a mailed payment is not received within 20 business days, please contact email@example.com for reissuance to exactly the same address as provided when the transaction was originally submitted, with no additional cost. Cancellation and re-issue of any payment due to an incorrect or incomplete address provided by the Seller at the time the Offer was received will be subject to a $25 fee (“Cheque Stop Payment Fee” or “Gift Card Re-Issuance Fee”) which will be deducted from the Offer amount when re-issued.
9. Replacement Fee
If CardSwap receives and is able to verify a claim, or otherwise discovers, that a Gift Card you have sold through an Exchange Platform has subsequently been used by you, or an affiliated party, CardSwap reserves the right to charge you a replacement fee equal to the original value of the Gift Card, plus an additional $25 replacement fee (“Replacement Fee”). You authorize CardSwap to charge the credit card or PayPal authorization provided as part of the Seller verification process.
10. The CardSwap Charity Program.
You may choose to donate the proceeds from the sale of your gift card to one of the many charity organizations listed on the CardSwap Service. Acting on the benefiting charity's behalf, CardSwap will issue to you by email factual documentation regarding the transaction, including the name of the organization, the nature of your donation, and the nature of the amounts remitted to the organization, that you may use in connection with determining the tax status of the transaction. CardSwap makes no representations or warranties regarding the tax-deductible status of any particular transaction, and you should consult with an independent tax professional to determine the tax treatment of the transaction.
11. Shipping Costs
CardSwap will reimburse mailing costs, with tracking, for up to $10 if the Offer for the Gift Cards included in the package exceeds $250. Such shipping reimbursement are limited to once every 30 days based on the mailing address attached to the Seller account. Shipping costs, at CardSwap sole discretion, may not reimbursed in the event of a discrepancy (section 5) with the Gift Cards mailed in to CardSwap.
- The SwapPoints program (the "Program") is a customer rewards program offered by CardSwap Inc. ("CardSwap") that allows individuals who are registered users on CardSwap ("Members") to accumulate SwapPoints and redeem them for gift cards and other items or services (collectively "Rewards") as offered within the ‘Redeem' section (www.cardswap.ca/redeem/list) on CardSwap.
- Participation in the Program is automatic for Members who are in good standing. No separate registration is required.
- The Program is effective starting May 1, 2012 and will terminate at 11:59 p.m. EST on April 30, 2017 (the "Termination Date"). Members will have until thirty (30) days after the Termination Date to redeem SwapPoints accumulated up to the Termination Date. All SwapPoints will expire thirty (30) days after the Termination Date and will not be honored after such expiration date.
- CardSwap reserves the right to extend the Program beyond the Termination Date, or terminate the Program at any time prior to the Termination Date, by providing a minimum thirty (30) days' notice.
- CardSwap may, in its sole discretion, restrict, suspend, amend, extend, or otherwise alter the Program or certain aspects of the Program with or without notice.
- Upon amendment of the Program for any reason whatsoever, CardSwap will have no liability to any Member and is automatically released from all claims in respect of such changes including, but not limited to, suspension or termination of the Program.
- Where notice is given pursuant to any section of these Terms and Conditions, it will be delivered via CardSwap's website (www.cardswap.ca).
- CardSwap will not be liable or responsible in any manner for any tax consequences which may flow from any participation in the CardSwap SwapPoints program. It is the Member's sole responsibility to declare tax benefits and pay all applicable taxes.
- Any abuse including, but not limited to, fraudulent accounts and fraudulent activity ("Abuse") by a Member, any failure by a Member to follow the Program's rules, regulations, Terms and Conditions, or any misrepresentation by a Member may, at CardSwap's sole discretion, subject the Member to expulsion from their CardSwap membership, including forfeiture of all accumulated SwapPoints and charge of up to $35 in processing and administration fees.
- Every effort has been made to ensure that the information herein is correct. CardSwap is not responsible for any errors or omissions.
- SwapPoints will be issued for selected transactions and or activity on CardSwap ("Qualifying Transaction"). The amount of SwapPoints awarded will vary for each Qualifying Transaction and will clearly be displayed when performing such Qualifying Transaction. For the SwapPoints to be earned, the Member must be signed-in to CardSwap and fully complete the Qualifying Transaction.
- Any failure to complete, or subsequent reversal or cancellation of, a Qualifying Transaction, for whatever reason, shall automatically result in the cancellation of a SwapPoints issued with such Qualifying Transaction.
- The amount of SwapPoints awarded for a Qualifying Transaction is inherently dynamic and based on a variety of different factors including, but not limited to, supply and demand for such gift card. The amount of SwapPoints offered for any Qualifying Activity reflects an offer for such specific member at that specific time. Such amount is subject to change, either up or down, and in no event shall there be a retroactive change or adjustment based on an offer previously or subsequently received.
- CardSwap may change the basis on which SwapPoints are awarded (including number of SwapPoints awarded) at any time, without notice, in CardSwap's sole discretion.
- SwapPoints have no cash value, and are not exchangeable for cash. The approximate retail value of SwapPoints will vary depending on the Reward chosen at the time of redemption.
- By redeeming CardSwap SwapPoints for Rewards, the Member releases CardSwap from any and all liability and claims regarding the redemption and use of the Reward and any loss or damage caused by goods or services supplied as a Reward.
- All SwapPoint totals, as displayed when a Member is logged-in on CardSwap, will be deemed correct at CardSwap's sole discretion. If a Member believe there is a discrepancy between the amount of SwapPoints earned and what is displayed, such discrepancy must be addressed with CardSwap by emailing firstname.lastname@example.org with two (2) months of the date on which the Qualifying Transaction occurred. CardSwap reserves the right to restrict redemption or put a "hold" on CardSwap SwapPoints for up to forty-five (45) days from the date of the Qualifying Transaction.
- CardSwap reserves the right to add or delete products and services eligible for SwapPoints redemption at any time, at its sole discretion, without notice.
- Upon the closure of a Member's account on CardSwap, all SwapPoints associated with such account shall automatically be cancelled and the balance reduced to zero with no ability to restore and no recourse or any future liability or obligation to CardSwap whatsoever.
- Should any Member not earn SwapPoints for twelve (12) consecutive months, the account associated with such Member will be deemed to be inactive "(Inactive Account"), and all accumulated SwapPoints in such Inactive Account may be forfeited with the balance reduced to zero, with or without notice, in CardSwap's sole discretion.
- SwapPoints are non-transferable. Any attempt to transfer SwapPoints, including but not limited to selling, trading, purchasing, and assigning SwapPoints may result in automatic termination of such SwapPoints with no recourse, at CardSwap's sole discretion.
- Upon the death of a Member, the Member's account will be closed and any SwapPoints in the account will be forfeited. SwapPoints are not divisible in the case of divorce.
- These Terms and Conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. All decisions regarding the interpretation of these terms and conditions and the administration of the Program, and any disputes arising therefrom, shall be resolved by CardSwap in its sole discretion. All such decisions shall be final and binding on all Members. In no event shall CardSwap's liability with respect to the SwapPoints Program, including liability for negligence or breach of contract, be greater than the Points accumulated to the Member's account at the time the dispute arose. Any proceedings relating to matters regarding the CardSwap SwapPoints program shall be brought exclusively in the courts of the City of Toronto in the Province of Ontario and orders of such Ontario courts shall be binding on CardSwap Members.
- By participating in the SwapPoints Program, the participant agrees to comply with the present Terms and Conditions and attests to having reached the age of majority in their province of residence.
- No waiver by either CardSwap or you of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
CardSwap SwapPoints Program
Terms and Conditions
Collection and redemption of CardSwap SwapPoints
Personal Information & Acceptance of Terms & Conditions
- To enter the Giveaway, visit the "Gift Card Giveaway" tab on the Sponsor's Facebook page by visiting http://www.facebook.com/CardSwap.
- Limits. Entrants must respect the following limits otherwise they may be disqualified
- First time visitors: must "like" the page to access the entry form.
- Before continuing you must read, and agree to, the official rules. By selecting "Enter Now" you acknowledge that you have read and agree to the official rules;
- Enter your complete personal information into the entry form and create an entry by selecting "Enter Now" ("Entry").
- Upon receipt of an Entry, there will be record of one (1) Entry into the Giveaway on your behalf, and you will be directed to a thank you page confirming your entry. Entrants will receive a confirmation of entry email to the email address provided as well. Please be sure to check your Junk Mail Folders for this email. Limit of one (1) Entry per person / Facebook account per Giveaway. Eligible persons may, as applicable, only use one (1) e-mail address and one (1) Facebook account to participate in the promotion. Any person whom the Sponsor, in its sole discretion, determines has violated this limitation in any way may, at the Sponsor's sole discretion, be disqualified. All Entries received from such a person during the Giveaway will be disqualified, and no prizes awarded to such person. Proof of transmission (e.g. screenshots or captures etc.) does not constitute proof of delivery to and receipt by the Sponsor.
- Entries generated and/or transmitted by script, macro, robotic, programmed, or any other automated means are prohibited and, at the sole discretion of the Sponsor, may be disqualified. The Sponsor will not be responsible for late, falsified, altered, misdirected, or incomplete Entries, which, at the sole discretion of the Sponsor, may be voided by the Sponsor or void and of no effect.
- Winners must complete their entry by registering with the Sponsor through the link provided at the end of entry ticket.
- Personal information. Entrants' personal information collected for the purposes of the Sweepstakes will only be used to administer the Giveaway. No commercial or other communications unrelated to the Giveaway will be sent to entrants unless they have otherwise agreed to receive such communications.
- Entrant identification. For the purposes of these Giveaway Rules, the entrant is the person whose name appears on the Entry Form, and it is to this person to whom the prize will be awarded if he/she is selected and declared a winner.
- The prize amount of each respective giveaway will be announced within that respective blog post and/or the CardSwap Blog
- Each announced winner must have registered with the Sponsor to collect their prize;
- The Winner will receive a CardSwap credit, which will be deposited into their CardSwap account within 72 hours of winning the contest giveaway.
- Prize limit. There is a limit of one monthly prize per person and per household for a 90 day period.
- Disqualification. The Sponsor reserves the right to disqualify a person or to cancel one or several entries of a person who participates or tries to participate in the contest giveaway or claims a prize by using methods that do not comply with the Official Rules & Regulations or that are unfair to other entrants (e.g. entries exceeding the authorized limit). Such a person may be reported to the appropriate legal authorities.
- Substitution of prize. In the event where it would be impossible, difficult and/or more costly for the Sponsors to award a prize (or a portion thereof) as described in these Official Rules and Regulations, they reserve the right to award a prize (or portion thereof) of the same kind and of equivalent value or, at their sole discretion, the cash value of a prize (or portion thereof).
- Sweepstakes Organizers' decision. Any decision by the Sponsor's Organizers or their representatives regarding Giveaways are final and without appeal.
- All prizes must be accepted as awarded, are not transferable. The Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value for any reason whatsoever. Prizes are awarded "as is", without any warranties whatsoever.
- No waiver by either the Sponsor or you of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
- In no event shall the Sponsor's liability with respect to the Giveaway, including liability for negligence or breach of contract, be greater than the winning amount for the entered giveaway. Any proceedings relating to matters regarding the Sponsor's giveaway shall be brought exclusively in the courts of the City of Toronto in the Province of Ontario and orders of such Ontario courts shall be binding.
CardSwap Gift Card Giveaway
Official Rules and Regulations
The CardSwap Gift Card Giveaway (the "Giveaway") is intended only for residents of Canada who have reached the age of majority in the province/territory they live in at the time of entry. The Giveaway will be interpreted according to the laws of Ontario and the laws of Canada applicable therein without reference to conflict of law provisions. CardSwap (the "Sponsor") will conduct the Giveaway.
Giveaway entry begins on the first day as announced on the Sponsor's blog page: http://www.cardswap.ca/blog/ ("CardSwap Blog") and/or on the host blog page of each separate contest giveaway. All entry and closing dates for contest giveaways are indicated on the associated blog page and/or CardSwap Blog.
HOW TO ENTER: (No purchase necessary)